Court On Its Own Motion vs State of Punjab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 436

G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Court On Its Own Motion – Appellant
Versus
State of Punjab – Respondent

Advocates appeared:
Mr.Raj Kumar Gupta, Amicus Curiae in CWP-20359-2013, Mr. Gaurav Mohunta, Amicus Curiae in CWP-3-2017, Mr. R.S. Cheema, Senior Advocate with Mr.A.S.Cheema, Mr.Siddharth Bhukkal, Advocates for the intervener (in CM-5610-CWP-2023), Mr.R.S.Rai, Sr.Advocate with Mr. P.S. Ahluwalia & Mr.Vipul Joshi, Advocates for the applicant-Dinkar Gupta (in CM-7809-CWP-2023), Mr. R. Kartikeya, Advocate Ms.Sidhu Bansal, Ms.Ridhi Bansal, Ms.R.Akanksha, Advocates for Mr. Siddharth Chattopadhyaya, Mr.Anandeshwar Gautam, Advocate, for Mr.Shashi Kant (IPS), Mr. Satya Pal Jain, Additional Solicitor General of India with Mr. Arun Gosain, Senior Government Counsel for UOI, ED, NCB and BSF, Mr. Navkiran Singh, Advocate and Ms. Harpreet Kaur, Advocate for the applicant/intervener (in CM Nos.266, 3365-CWP of 2022), Ms. Aman Rani &Mr.Pritpal Singh Swaich, Advocates for the applicant (in CM-5057-CWP-2023 in CWP-20359-2013), Mr. Gaurav Garg Dhuriwala, Addl.AG, Punjab, Mr. Arun Beniwal, DAG, Haryana, Mr.A.M.Punchhi, Public Prosecutor, U.T. Chandigarh and Mr. Rajiv Vij, Addl. Public Prosecutor, for U.T. Chandigarh and Mr. Rajeev Anand, Advocate for respondent No.9-CBI (in CWP No.20359 of 2013) for the Appearing Parties.

Table of Content
1. initiation of writ petition on drug menace concern. (Para 1 , 2)
2. formation of task force to combat drug peddling. (Para 7 , 8 , 9)
3. ongoing monitoring of sit and drug nexus. (Para 36 , 37 , 38)
4. court emphasizes on need for investigation structure. (Para 45 , 46 , 47)
5. directives for rehabilitation and public awareness on drugs. (Para 60 , 61)

JUDGMENT

G.S. Sandhawalia, J. - The present writ petition was initiated on a letter received from Shri Shashi Kant, Retired IPS Officer highlighting the drug menace in the State of Punjab. Suggestion was made to implead Border Security Force (BSF), Narcotics Control Bureau (NCB), Ministry of Home Affairsand Enforcement Directorate alongwith the State of Punjab and its various departments including Home Department, Police Department, Health Department, Sports Department and Social Welfare Department.

2. Status reports were called for and even Central Bureau of Investigation was impleaded as respondent No.9. The Directorate of Enforcement was also impleaded. Keeping in view the various reports received, the Bench headed by the then Chief Justice had kept in mind the disease of narco-terrorism in its larger perspective and e